Judgment : 1. Petition under Sec.397, Crl.P.C to revise the order passed by the Judicial Magistrate No.II, Poonamallee in Crl.M.P.No.4798 of 1990 in C.C.No.511 of 1990. 2. The learned Judicial Magistrate No.II, Poonamallee, has passed the impugned order dismissing the petition filed by the petitioner under Sec.91, Crl.P.C, on the ground that enquiry under Sec.202, Crl.P.C. is pending and so the petitioner shall take steps on his own and produce the documents in the enquiry. 3. The petitioner stated that even in an enquiry under Sec.202, Crl.P.C, the petitioner is entitled to file a petition under Sec.91, Crl.P.C, and prays to send for the documents to make out his case. To appreciate his contention, Sec.91, Crl.P.C. needs’ extraction. It reads as follows: “91. Summons to produce document for other thing: (1) Whenever any court or any officer in charge of a police station considers that the production of any document or other thing is necessary or desirable for the purpose of any investigation, inquiry trial or other proceeding under this Code by or before such Court or officer, such Court may issue a summons, or such officer a written order, to the person in whose possession or power such document or thing is believed to be, requiring him to attend and produce it, or to produce it, at the time and place stated in the summons or order. 2. Any person required under this section merely to produce a document or other thing shall be deemed to have complied with the requisition if he causes such document or thing to be produced in stead of attending personally to produce the same. 3. Nothing in this section shall be deemed (a) to affect Secs. 123 and 124 of the Indian Evidence Act, 1972, or the Bankers, Books Evidence Act, 1891, or (b) to apply to a letter, postcard, telegrarm or other document or any parcel or thing in the custody of the postal or telegraph authority.” [Emphasis supplied] The language of the Section is so clear that even in a enquiry, the powers under Sec.91, Crl.P.C should be exercised in appropriate cases. Sec.202, Crl.P.C. contemplates an enquiry into the case. As such even in an enquiry under Sec.202, Crl.P.C, the petitioner can avail of the provisions of Sec.91, Crl.P.C. and seek the aid of the court for producing the documents necessary for the enquiry. Sec.202, Crl.P.C. contemplates an enquiry into the case. As such even in an enquiry under Sec.202, Crl.P.C, the petitioner can avail of the provisions of Sec.91, Crl.P.C. and seek the aid of the court for producing the documents necessary for the enquiry. While so, the reason given by the learned Magistrate for rejecting the petition viz., that in and enquiry under Sec.202, Crl.P.C, the petitioner should get the documents on his own is clearly erroneous. On that ground, the petition cannot be dismissed. But that was the only ground on which the learned Magistrate has dismissed the petition. As such, the order of the court below cannot be sustained and is liable to be set aside. 4. In the result, the revision petition is allowed, setting aside the order of the learned Magistrate in Crl.M.P.No.4798 of 1990.